- Anzac Day requires most businesses to close until 1pm under the Shop Trading Hours Act 1990.
- Exemptions allow certain shops to open, while cafes and restaurants may add a surcharge for morning service.
- The Commerce Commission mandates clear disclosure of surcharges, ensuring they reflect actual additional costs.
Anzac Day is a unique public holiday when most businesses are required to close for half of the day.
Under the Shop Trading Hours Act 1990, there are four days each year when the majority of businesses face restricted trading.
The full restricted days include Good Friday, Easter Sunday and Christmas Day.
The 1990 act states that on Anzac Day, most businesses must stay closed until the afternoon at 1pm.
What can open on Anzac Day – who is exempt?
There are three types of shops that can open on restricted trading days.
- Shops allowed to open with conditions: Dairies, service stations, cafes.
- Pharmacies: Could open without restrictions.
- Shop providing services like hairdressers: Could operate during restricted hours but couldn’t sell products.
- Garden centres: Couldn’t open until 1pm on Anzac Day, despite being open on Easter Sunday.
- Tourist areas: Some had special exemptions under legislation.
- Specific towns: Nelson, Dunedin, and Wānaka could trade with conditions; Queenstown could open from noon.
- Coromandel towns: Tairua, Whangamatā, and Whitianga could trade if Anzac Day falls on a Monday or Friday.
Shops without exemptions must stay closed during the first half of April 25.
“Mondayisation” does not affect shop trading restrictions because they apply only to the calendar date of Anzac Day.
Retailers can be fined up to $1000 if they open illegally.
Will surcharges apply?
Cafes and restaurants can choose to add a surcharge for opening on the morning of Anzac Day.
The surcharge covered the additional cost of wages on a public holiday, Restaurant Association chief executive Marisa Bidois said.
The Commerce Commission has also said establishments must make it well known to customers that a surcharge will be payable before they decide to buy or engage the service.
“It must be clearly disclosed, for example, by adding information to their website for online sales or placing a sign outside,” the commission says on its website.
“In addition, the reason for any surcharge must be accurately described and must not be capable of misleading consumers. The surcharge should not exceed those costs, and the costs should actually be incurred by the business.”
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